For over two decades, the debate about whether legally to recognize environmental refugees as refugees has been ongoing. Because their numbers are growing, environmental refugees should be recognized as convention refugees or a new UN convention should be drafted to address their needs. A typology of the environmental refugee should be developed to make the term more concrete and useful.

In “The Search for Environmental Rights,” Joseph Sax argues that each individual should have, as a right, freedom from environmental hazards and access to environmental benefits, but he makes clear that environmental rights do not exist and their recognition would truly be a novel step. Sax states that environmental rights are different from existing human rights and argues that the closest analogy is welfare interests. In arguing for environmental rights, I follow Sax’s direction and draw from the work of those (...) who are the most relevant in establishing environmental rights. I consider Joel Feinberg’s notion of welfare interests, Henry Shue’s notion of basic rights, and James Nickel’s right to a safe environment. I draw from Mill’s harm principle, the superfund legislation, and the Clean Air Act to illustrate the existing ethical and legal bases for establishing environmental rights. Finally, I discuss positive and negative duties that such rights might carry. (shrink)